The Unchanged Agenda
February 24, 2005
The call for improved corporate ethics has been thoroughly embraced by the worlds of business and public policy -- so much so that the recent invalidation of the federal sentencing guidelines, which allowed corporations to mitigate their sentences, will not slow the campaign's momentum. Rather, the guidelines' new advisory status should focus companies more on the overriding need to build an ethical culture, and less on rote, process-oriented compliance. This change in focus will underscore the guidelines' core strength: They are more than just legal procedure - they articulate best practices in business ethics, which companies can put to constructive use.
Anti-Spyware Consortium Crumbles
February 24, 2005
The Consortium of Anti-Spyware Technology vendors (COAST) has lost its founding members, putting the group's future into question.
Net News
February 24, 2005
Recent developments of note in the Internet industry. This month:<br>Hollywood Lines Up Support for Net Song-Swap Case<br>Ohio Spam Bill Signed into Law <br>Utah Reworking Nation's First Ban on Computer Spyware <br>House Panel Approves Spyware Bill but Doesn't Toss Cookies <br>Student Incarcerated for Possessing Illegally Copied Movies, Music <br>EarthLink Files More Spam Suits
Quarterly State Compliance Review
February 24, 2005
This edition of the Quarterly State Compliance Review looks at some of the legislative enactments and court decisions of interest to corporate lawyers that occurred over the last 3 months. Included is a look at three new limited partnership acts, a Delaware decision granting shareholders access to a corporation's privileged communications, and an Illinois decision holding that an internal corporate memo could be the basis of a defamation action.
Court Says $10K 'Bet' Can't Settle E-tailer Fight
February 24, 2005
A $10,000 "side bet" wasn't enough to persuade a Ninth Circuit U.S. Court of Appeals en banc panel to answer whether federal courts have jurisdiction over out-of-state Internet retailers.
What to Do When an Audit Committee Complaint Arrives
February 24, 2005
Much attention has been paid to the requirements of the Sarbanes-Oxley Act (SOX) and the stock exchanges and Nasdaq that issuers establish procedures under which their audit committees can receive complaints, including anonymous complaints. Various service providers now offer issuers solutions in this area, including procedures to submit complaints through hotlines and e-mail addresses maintained by the service providers. But none of the Sarbanes-Oxley Act, the rules or the extensive commentary about establishing complaint procedures addresses what the audit committee is required to do with a complaint when one is received. This article briefly discusses some considerations in dealing with such a complaint.
Publius, RIP?
February 24, 2005
In a classic New Yorker cartoon, the caption reads: "On the Internet, no one knows you're a dog." Not so. Whether you're spouting off your views about the latest episode of "Desperate Housewives" on a fan Web site, complaining about your sinking stock portfolio on a Yahoo message board or, in the case of a Texas man recently, castigating your local politicians for misspending taxpayer dollars, your Internet Service Provider (ISP) knows you're not a dog. And it knows your name, address and telephone number.
High Court Ethereality
February 24, 2005
I first started covering the U.S. Supreme Court just over 5 years ago. As measured in High Court years, that's barely a nanosecond-everything there moves…
Defining Political Spam
February 24, 2005
The Internet has radically altered the nature of communication in the United States. Its effects on the American political campaigns are dramatic, as demonstrated during the most recent political campaign season where it played a decisive factor in several election victories. The Internet offers candidates the opportunity to contact a million votes for about $100 when using unsolicited bulk e-mails, often called spam. Under the First Amendment, political spam is generally lawful; however its use as a fundraising and other specific types of communication may cause legal difficulties. <br>By sending out unsolicited bulk e-mails, candidates sent information to millions of voters with the click of a button. Some see political spam as another nuisance, no different than commercial spam or junk mail. Others find political spam to be a form of speech. In particular, they find political spam to be protected speech.
